(concurring) :
I concur in the opinion. But desire to add these comments. If there had existed any question as to the legitimacy of the second child it could have and should have been raised in response to the allegations of plaintiff’s complaint filed in August 1969. As shown in the opinion of Justice Ellett, the defendant was aware of the subject matter, and of the allegations in the plaintiff’s complaint, and also in her affidavit, bearing upon the issue now sought to be raised. The paternity of the child was adjudicated in the decree entered in December 1969. No appeal having been taken therefrom, the issue is now forever res adjudicata. This court has repeatedly held, and the authorities generally affirm, that a judgment or decree is so as to any issue that was tried, or was triable in a prior proceeding. See Wheadon v. Pearson, 14 Utah 2d 45, 376 P.2d 946, and authorities therein cited. It strikes me that it is fortunate that that is the way the law is and ought to be in this particular case in the interest of the welfare of these two little children, the consideration of which should transcend the interest of these quarreling adults.
*203I can see no propriety whatsoever in this attempt, commenced in March of 1971, to raise the issue of nonpaternity which appears to have erupted from the contentions of these embittered spouses who would use the children as pawns in their vendetta. My observation, and more importantly, my reading of authorities in the field of family living and psychology convince me of the importance of the brother-sister relationship, and that it is often more vital to the children than the parent-child relationship, particularly in homes broken by divorce. It seems to me that even a modicum of human decency dictates that some other means should be found to reach a tolerable accommodation between these parties than what impresses me as a ruthless attack which might have such dire effects upon innocent and unoffending little children in sacrifice to the avarice and vindictiveness of belligerent adults.